SF 1494

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/10/2023 08:37am

A bill for an act
relating to public safety; requiring jury trial for certain criminal sentences; amending
Minnesota Statutes 2022, sections 244.10, by adding a subdivision; 611A.03,
subdivision 1; 611A.037, subdivision 1; 611A.038.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 244.10, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Procedure in cases where court intends to consider mitigated departure. new text end

new text begin (a)
If the court intends to consider a mitigated departure from the Sentencing Guidelines based
on agreement of the parties, the defendant's motion, or the court's own initiative, the court
shall allow a sentencing jury of 12 members to determine whether there is proof beyond a
reasonable doubt to support the existence of any mitigating factor that may be used as a
reason for departure if:
new text end

new text begin (1) the defendant caused the death of another in the commission of the crime; or
new text end

new text begin (2) any identifiable victim has communicated objections to a mitigated departure directly
to the court, to a prosecutor, or to an officer conducting a presentence or predispositional
investigation under section 611A.037.
new text end

new text begin (b) The district court shall allow a unitary trial and final argument to a jury regarding
both evidence in support of the elements of the offense and evidence in support of mitigating
factors when the evidence in support of the mitigating factors would:
new text end

new text begin (1) be admissible as part of the trial on the elements of the offense; and
new text end

new text begin (2) not result in unfair prejudice to the defendant.
new text end

new text begin (c) The district court shall bifurcate the proceedings, or impanel a resentencing jury, to
allow for the production of evidence, argument, and deliberations on the existence of factors
in support of a mitigated departure after the return of a guilty verdict when the evidence in
support of a mitigated departure:
new text end

new text begin (1) includes evidence that is otherwise inadmissible at a trial on the elements of the
offense; and
new text end

new text begin (2) would result in unfair prejudice to the defendant.
new text end

new text begin (d) Under the procedure described in paragraphs (b) and (c), the existence of each
mitigating factor shall be determined by use of a special verdict form.
new text end

new text begin (e) Following a hearing held under this section, the court may only impose or stay a
sentence that deviates from the Sentencing Guidelines applicable to the case and impose a
mitigated sentence based on a mitigating factor found by a jury.
new text end

Sec. 2.

Minnesota Statutes 2022, section 611A.03, subdivision 1, is amended to read:

Subdivision 1.

Plea agreements; notification of victim.

Prior to the entry of the factual
basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall
make a reasonable and good faith effort to inform the victim of:

(1) the contents of the plea agreement recommendation, including the amount of time
recommended for the defendant to serve in jail or prison if the court accepts the agreement;
and

(2) the right to be present at the sentencing hearing and at the hearing during which the
plea is presented to the court and to express orally or in writing, at the victim's option, any
objection to the agreement or to the proposed disposition new text begin including the right to object to a
mitigated departure from the Sentencing Guidelines new text end . If the victim is not present when the
court considers the recommendation, but has communicated objections to the prosecuting
attorney, the prosecuting attorney shall make these objections known to the court.

Sec. 3.

Minnesota Statutes 2022, section 611A.037, subdivision 1, is amended to read:

Subdivision 1.

Victim impact statement.

A presentence investigation report prepared
under section 609.115 shall include the following information relating to victims:

(1) a summary of the damages or harm and any other problems generated by the criminal
occurrence;

(2) a concise statement of what disposition the victim deems appropriate for the defendant
or juvenile court respondent, including reasons given, if any, by the victim in support of
the victim's opinion new text begin and whether the victim objects to a mitigated departure from the
Sentencing Guidelines new text end ; and

(3) an attachment to the report, consisting of the victim's written objections, if any, to
the proposed disposition if the victim provides the officer conducting the presentence
investigation with this written material within a reasonable time prior to the disposition.

Sec. 4.

Minnesota Statutes 2022, section 611A.038, is amended to read:

611A.038 RIGHT TO SUBMIT STATEMENT AT SENTENCING.

(a) A victim has the right to submit an impact statement to the court at the time of
sentencing or disposition hearing. The impact statement may be presented to the court orally
or in writing, at the victim's option. If the victim requests, the prosecutor must orally present
the statement to the court. Statements may include the following, subject to reasonable
limitations as to time and length:

(1) a summary of the harm or trauma suffered by the victim as a result of the crime;

(2) a summary of the economic loss or damage suffered by the victim as a result of the
crime; and

(3) a victim's reaction to the proposed sentence or disposition new text begin and whether the victim
objects to a mitigated departure from the Sentencing Guidelines new text end .

(b) A representative of the community affected by the crime may submit an impact
statement in the same manner that a victim may as provided in paragraph (a). This impact
statement shall describe the adverse social or economic effects the offense has had on persons
residing and businesses operating in the community where the offense occurred.

(c) If the court permits the defendant or anyone speaking on the defendant's behalf to
present a statement to the court, the court shall limit the response to factual issues which
are relevant to sentencing.

(d) Nothing in this section shall be construed to extend the defendant's right to address
the court under section 631.20.